Author Archives: Jay Butchko
A Look at Past & Future Labor and Employment Law Disputes
A number of businesses financially suffer each year due to labor and employment law disputes. As commercial litigation attorneys in Texas, we deal with a number of these disputes each year, customizing our approach based on our client businesses’ needs and the disputes themselves. Below, we discuss some of the most important employment law… Read More »
FDA Moves to Change Medical Device Approval Process
Recently, the Food and Drug Administration (FDA) announced that it would be changing the 501(k) medical device approval rules in an effort to ensure that new devices are specifically incorporating up-to-date performance and safety standards. The 501(k) clearance process was designed to offer expedited approval for products that are “substantially equivalent” to those already… Read More »
Texas Products Liability Lawsuit Filed Over Allegedly Defective Earplugs Provided To Veterans
A product liability claim was filed against 3M Company in Texas in late January over the “Combat Arms” earplugs that were issued to U.S. military veterans between 2002 and 2013, alleging that the company’s defective design and manufacture and failure to warn users or provide proper instructions with the product resulted in harm to… Read More »
Product Liability Defense Campaign Launched Against Attack on Baby Powder Products
On December 17, Johnson & Johnson released a powerful rebuttal in response to a number of product liability lawsuits it has faced concerning its talc-contained Baby Powder product. The rebuttal was specifically published in response to recent Reuters coverage arguing that the company knew for years that its product caused cancer but kept it… Read More »
Texas Supreme Court to Hear Business Dispute That Could End Punitive Damages
During the second week of December, the Texas Supreme Court heard an important business/commercial litigation case that legal experts indicate could spell the death of punitive damages for civil disputes. The litigation involves claims that one business (Mercedes) intentionally devised a scheme to defraud another (a smaller dealership run by Carduco) via sabotage; specifically,… Read More »
Department Of Justice Releases New Corporate Liability Memo
In late November, the US Department of Justice (DOJ) updated its policy known as the “Yates Memo,” which addresses the investigation and prosecution of those involved in corporate wrongdoing. There is no question that the new policy will have a significant effect on corporate liability and executive accountability. DOJ Deputy Attorney General Rosenstein announced… Read More »
Jury Verdict in Monsanto Toxic Tort Case Highlights Remaining Scientific Uncertainty
A recent jury verdict in the amount of $289 million against the agribusiness Monsanto in connection with whether their product “Roundup weed-killer” (glyphosate)—one of the common herbicides used globally—causes cancer has a number of companies that can be sued for toxic tort issues concerned, and highlights just how tricky these types of cases can… Read More »
Using Assumption of the Risk Defense in Product & Premises Liability Claims
As attorneys who work in product liability defense here in Texas, one of the most common defenses we rely on is a doctrine known as the implied assumption of risk. This refers to a plaintiff acquiescing or consenting in an appreciated, known, or obvious risk to their safety. The doctrine can frequently preempt having… Read More »
U.S. Supreme Court Lets Texas Corporate Officer Liability Decision Stand
In November, the U.S. Supreme Court denied hearing the appeal of a Texas Supreme Court ruling finding that a corporate officer was personally liable under Texas law for failing to comply with a hazardous waste compliance plan. In doing so, it let stand the court’s finding that corporate officers can be held personally liable… Read More »
November Update: Texas Product Liability Claims
In late November, a number of new product liability cases were filed in Southeast Texas. The first was filed against Samsung Electronics America, Inc., claiming that a defective Smartphone exploded while the plaintiff was holding it; allegedly because the manufacturer failed to meet basic safety standards and did not provide a warning when they… Read More »